![]() ![]() What if the mortgage was voluntarily given by the owner of the real property, to secure a loan given by the lender to another person? The provision of the Form only requires that notice be given to the “borrower” and does not require that a notice be given to a non-borrower mortgagor. The Form expressly states, “Lender shall give notice to Borrower.” This implies that all borrowers, who have not previously been released, are entitled to notice of the default prior to acceleration and foreclosure. This advisory will discuss how to ensure compliance with the Form’s condition precedent. The “Ohio, Single-Family, Fannie Mae/Freddie Mac” uniform mortgage deed form (hereinafter the “Form”) imposes such an obligation on the lender prior to acceleration of the debt and foreclosure of the mortgage. A failure to do so will leave the lender vulnerable to an affirmative defense being raised in that regard in the foreclosure case. Although Ohio does not have such a statutory requirement, the lender must, nevertheless, fulfill such a condition precedent if it is required by its loan documents. Many states have statutes requiring the service of a notice of default prior to commencing a mortgage foreclosure.
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